BASANT KUMAR VERMA Vs. STATE OF M P

JUDGEMENT

(1.) IT is not in dispute before us that Gram Panchayat Sihora, tahsil Kareli, District Narsinghpur, invited applications for appointment to the post of Panchayat Karmi and the appellant/petitioner came to be appointed as panchayat Karmi vide resolution dated 17. 8. 07. The said resolution passed by the Gram Panchayat was challenged by the present respondent no. 6 before the sub Divisional Officer Gadarwara. It appears that some enquiry report was filed by Chief Executive Officer, Janpad Panchayat Chanwarpatha, District narsinghpur, before the Sub Divisional Officer, Narsinghpur, who after receiving the report and hearing the parties came to the conclusion that the resolution dated 17. 8. 07 was illegal; in accordance with the findings recorded by him, he set aside the resolution.

(2.) BEING aggrieved by the said order passed by the Sub Divisional Officer, dt. 24. 3. 08 (Annexure P. l to the petition), the present appellant filed WP No. 4618/08 before this Court with a submission that the order passed by the Sub divisional Officer was contrary to the provisions of Section 85 of the M. P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993.

(3.) IT is also contended that in view of the authoritative pronouncements made by this Court, an appeal before the SDO challenging the correctness, validity and propriety of the resolution passed by the Gram Panchayat was not maintainable.